Biography

John Labbé is an accomplished trial lawyer and patent attorney with experience representing clients in high-stakes patent infringement trials. His work includes representing life sciences clients including in cases under the Biologics Price Competition and Innovation Act (BPCIA) and the Hatch-Waxman Act.

Serving as first-chair trial counsel, Mr. Labbé won a $70 million verdict in 2017 on behalf of Amgen in Amgen v. Hospira, the first patent-infringement jury trial about a biosimilar under the BPCIA. LMG Life Sciences recognized the case as a Patent Impact Case of the Year for 2017. He also represented Onyx Therapeutics at trial in 2019 in a case about Onyx’s Kyprolis® (carfilzomib) medicine.

Mr. Labbé has been recognized as a leader in his field. The National Law Journal named Mr. Labbé to the 2019 "Intellectual Property Trailblazer" list. In 2018, he was recognized as the “General Patent Litigator of the Year – Illinois” at the sixth annual LMG Life Sciences Awards. He has also been recognized on the IAM Patent 1000 list of leading patent professionals, as an “IP Star” in Managing IP’s IP Stars Survey, as an Illinois Super Lawyer for intellectual property litigation by Super Lawyers Magazine, as a "Life Sciences Star" in LMG Life Sciences, and as a “Leading Lawyer” by Leading Lawyers, a division of Law Bulletin Publishing Company.

Representative Experience

  • Won a $70 million patent-infringement verdict as first-chair trial counsel in Amgen v. Hospira, the first patent-infringement jury trial about a biosimilar under the BPCIA.
  • Represented Onyx Therapeutics at trial in a patent-infringement case about Onyx’s Kyprolis® (carfilzomib) medicine.
  • Represents clients in Hatch-Waxman and BPCIA litigations including in the BPCIA’s pre-litigation “patent dance.”
  • Won a jury trial in a patent ownership dispute for an inventor of DNA-sequencing techniques accused of breaching his employee invention agreement.
  • Represented a biotechnology company in numerous patent litigation matters regarding its next-generation DNA sequencing technologies.
  • Represented an Internet design and consulting firm in a trademark infringement and breach of contract dispute resulting in a favorable settlement.
  • Defended a leading cable provider in numerous patent litigation matters regarding high-speed data, cable television, and VoIP technologies.
  • Defended a client in a patent infringement action regarding a method of manufacturing turbine blades.
  • Defended a client accused of infringing a patent on arc-fault circuit interrupter circuit breakers.

Background and Credentials

Mr. Labbé served as a judicial law clerk to the Honorable Algenon L. Marbley of the U.S. District Court for the Southern District of Ohio.

He received his undergraduate degree in molecular and cellular biology from Northwestern University in 1998. He graduated cum laude from Northwestern University School of Law in 2002 where he served as the executive editor of the Northwestern University Law Review and was a quarter-finalist in the Julius H. Miner Moot Court Competition. His Law Review comment, “Louisiana’s Blanket Primary After California Democratic Party v. Jones,” is published at 96 Nw. U. L. Rev. 721 (2002).

Education

  • Northwestern University School of Law (J.D., cum laude)
  • Northwestern University (B.A.)
    • Biological Sciences

Bar Admissions

  • Illinois
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, Eastern District of Wisconsin
  • U.S. Patent and Trademark Office

Publications and Presentations

Click here to see additional Publications and Presentations.

Community and Professional Involvement

  • Intellectual Property Law Association of Chicago (Biotechnology Committee)
  • Richard Linn American Inn of Court
  • American Bar Association